For those who must litigate and who cannot afford to hire an attorney to represent them or who want to be in control of their own case, unbundled services can be a great solution. Unbundled legal services, also known as limited-scope services, are legal services that are broken down and…
Bay Area Divorce Lawyer Blog
Co-Parenting During the Holidays
Even for happily married and intact families, the holidays can be fraught with conflict and compromise. But for divorced or separated parents and for blended families – the potential for conflict is much greater. Negotiating co-parenting agreements and sharing time with kids is rarely easy, but this is a time…
Covering Children’s College Costs in California Divorce Proceedings – In re Marriage of Humphries
In California divorce cases, spouses often want to determine not only basic child support issues, but also how to cover future expenses related to their children’s higher education. In In re Marriage of Humphries, the Fourth District Court of Appeals addresses a dispute about college expenses. The Humphries married in…
Court OKs Custody for Mother Living with Nudist Grandparents – In re Marriage of Meyer
California custody determinations often turn on the well being of the child, leaving courts to determine whether a particular living situation is suitable for a child’s physical, mental and emotional security and development. Recently, the state’s First District Court of Appeals took on a unique version of this question when…
Time to Consider Giving Up on the Family Court System and Use a Private Judge
My practice has been limited primarily to Collaborative Practice and Mediation for many years, since I learned long ago that divorce is a problem to be solved not a battle to be won, and the court system only exacerbates the problem and most often leaves couples worse off, financially and…
California Court Says Child’s Best Interests Served by Equal Co-Parenting Plan – In re Marriage of Erb
The ultimate goal in resolving child custody and co-parenting issues is to reach a resolution that is in the best interests of the child. In In re Marriage of Erb, California’s Fourth District Court of Appeals explained that sometimes that means limiting the amount of contact former spouses have with…
California Adoption Based on One Parent’s Consent – In re Adoption of Janelle M
There are certain circumstances in which a California court will allow a person to adopt a child, even where it is without the consent of one of the birth parents. The state’s Fourth District Court of Appeals recently considered a rather extreme (not to mention scary!) example of the type…
Support Awards and Earnings Capacity in California Divorce – In re Marriage of Lim
In California divorce cases, courts typically calculate the amount of any spousal and child support awards based on not only the spouses’ current earnings, but also their respective capacities to earn. As the Sixth District Court of Appeals explains in In re Marriage of Lim, the latter figure can be…
California Court Denies Custody to Mother, Citing Her Efforts to Alienate Father from Child
“This case presents an issue that would vex Solomon himself.” That’s how the Fourth District Court of Appeals described In re Marriage of Keith, a child custody case that ultimately turned on the parents’ efforts (or lack thereof) to facilitate their daughter’s relationship with each other.Holly and Keith married in…
California court Refuses to Annul Internet Couple’s Marriage on Fraud Grounds – In re Marriage of Snowden
In California, a court can annul a marriage that it determines is not legally valid based on a number of reasons, including a finding that one spouse is already married, not mentally capable of entering marriage or has committed fraud in inducing the other spouse to marry. Once a marriage…